O.C.G.A.
O.C.G.A.

O.C.G.A. § 13-11-4 (2019)

Time limits for payments to contractors and subcontractors

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)
Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
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(a) When a contractor has performed in accordance with the provisions of a contract, the owner shall pay the contractor within 15 days of receipt by the owner or the owner’s representative of any payment request based upon work completed or service provided under the contract.

(b) When a subcontractor has performed in accordance with the provisions of its subcontract and the subcontract conditions precedent to payment have been satisfied, the contractor shall pay to that subcontractor and each subcontractor shall pay to its subcontractor, within ten days of receipt by the contractor or subcontractor of each periodic or final payment, the full amount received for such subcontractor’s work and materials based on work completed or service provided under the subcontract, provided that the subcontractor has provided or provides such satisfactory reasonable assurances of continued performance and financial responsibility to complete his or her work as the contractor in his or her reasonable discretion may require, including but not limited to a payment and performance bond.

History

(Code 1981, § 13-11-4, enacted by Ga. L. 1994, p. 1398, § 1.)

Notes of Decisions
Cited in 5 cases (1 in the last 5 years), 2014–2023 · leading case: City of Atlanta v. Hogan Constr. Grp., LLC, 801 S.E.2d 606 (Ga. Ct. App. 2017).
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City of Atlanta v. Hogan Constr. Grp., LLC, 801 S.E.2d 606 (Ga. Ct. App. 2017). · cites it 2× “OCGA §§ 13-11-4, 13-11-7 (a), 13-11-8. The Act also provides: Nothing in this chapter shall prohibit owners, contractors, and subcontractors from agreeing by contract to rates of interest, payment periods, and contract and subcontract terms different from those stipulated in…”
W. Sur. Co. v. Dep't of Transp., 757 S.E.2d 272 (Ga. Ct. App. 2014). · cites it 2× “” OCGA § 13-11-4 (a) provides: “When a contractor has performed in accordance with the provisions of a contract, the owner shall pay the contractor within 15 days of receipt by the owner or the owner’s representative of any payment request based upon work completed or service…”
Fatt Katt Enter., Inc. v. Rigsby Constr., Inc. (11th Cir. 2019). · cites it 9× “Fatt Katt first contends that the district court misinterpreted the Georgia Prompt Pay Act in granting a directed verdict to Rigsby by ignoring a provision in the Act that allowed the parties to negotiate payment terms that would control in lieu of O.C.G.A. § 13-11-4(b). Fatt…”
W. Sur. Co. v. the State of Georgia Dep't of Transp. (Ga. Ct. App. 2014). · cites it 2× “” OCGA § 13-11-4 (a) provides: “When a contractor has performed in accordance with the provisions of a contract, the owner shall pay the contractor within 15 days of receipt by the owner or the owner’s representative of any payment request based upon work completed or service…”
Triangle Grading & Paving, Inc. v. Rhino Servs., LLC (M.D.N.C. 2023). “2d 606, 610 (2017) (citing OCGA §§ 13-11-4, 13-11-7 (a), 13-11-8). 19 HFST application beyond the scope of the Subcontract, but otherwise DENYING the motion.”
— 13-11-4(b) — 1 case
Fatt Katt Enter., Inc. v. Rigsby Constr., Inc. (11th Cir. 2019). “Fatt Katt first contends that the district court misinterpreted the Georgia Prompt Pay Act in granting a directed verdict to Rigsby by ignoring a provision in the Act that allowed the parties to negotiate payment terms that would control in lieu of O.C.G.A. § 13-11-4(b). Fatt…”
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